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Gov. Scott signs repeal of 'shacking up' law

Lobbyists work in the rotunda between the House and Senate chambers during the session at the Capitol.
Lobbyists work in the rotunda between the house and senate chambers during session, Tuesday, April 28, 2015, at the Capitol in Tallahassee, Fla.(Photo: AP)

Three years ago, Rep. Michelle Rehwinkel Vasilinda, D-Tallahassee, saw the opening needed to repeal an 1868 prohibition on an unmarried man and woman living together.

Gov. Rick Scott signed SB 498 Wednesday repealing Florida’s cohabitation law, which carried a 60-day jail sentence and a $500 fine. It was the climax of an effort that began in November 2013. That year the House adopted rules enabling members to repeal unintended consequences of a law while leaving the intent of the statute in place.

“I crafted the bill in such a way to enable my more conservative colleagues to vote for it without feeling squeamish,” said Rehwinkel Vasilinda. “I used a scalpel instead of a sledgehammer to address the squeamishness of some members.”

The measure signed by Scott leaves in place the prohibition on lewd and lascivious behavior in public while opening the door for unmarried adults to move in with each other without fear of violating Florida law.

There are nearly 438,000 unmarried male-female couples among the state’s 7.3 million households, according to the U.S. Census.

Vasilinda worked with Sen. Eleanor Sobel, D-Hollywood, and Rep. Richard Stark, D-Weston, to get the measure through the Legislature in March.

“I happen to represent Century Village in Pembroke Pines (a retirement community) and I don’t want to tell you how many of my constituents when I tell them they are violating the law just can’t believe this is still on the books,” said Stark.

A legislative analysis found the cohabitation law is rarely prosecuted, but Rehwinkel Vasilinda noted it has been used in a discriminatory way. The Florida Department of Business and Professional Regulation suspended a company’s liquor license in 1979 after finding that six employees were in violation of the statute.

“Some people might be living platonically together. How do you determine that?” asked Rehwinkel Vasilinda. “The government has no business in looking under the sheets as to why two people are living together; that is not the government’s business.”

The proposal passed the Senate on a unanimous vote and was approved by the House by an 112 -5 vote. It was among 20 bills signed Wednesday by Scott. Also included in the package of bills was SB 716, establishing the Florida Holocaust Memorial at the state Capitol.